File #: 2020-0117    Version:
Type: Ordinance Status: Passed
File created: 3/10/2020 In control: Metropolitan King County Council
On agenda: Final action: 3/10/2020
Enactment date: Enactment #: 19066
Title: AN ORDINANCE related to the COVID-19 virus; making a supplemental appropriation of $22,115,000 to several general fund agencies; making a supplemental appropriation of $12,230,000 to several non-general fund agencies; making a supplemental appropriation of $80,000 to capital improvement fund 3311; and making a supplemental appropriation of $14,935,000 to capital improvement fund 3951; amending the 2019-2020 Biennial Budget Ordinance, Ordinance 18835, Sections 20, 26, 26, 44, 45, 49, 85, 85, 95, 101, 108, 108, 109, 109, 116, 118, 118 and 126, as amended, and Attachment A, as amended; and declaring an emergency.
Sponsors: Jeanne Kohl-Welles, Claudia Balducci, Pete von Reichbauer, Reagan Dunn, Joe McDermott, Kathy Lambert
Indexes: Appropriation, Emergency Management, Emergency Services
Attachments: 1. Ordinance 19066, 2. A. Capital Improvement Program Dated 3-5-2020, 3. 2020-0117 transmittal letter, 4. 2020-0117 Fiscal Note FMD CAPITAL COVID-19, 5. 2020-0117 Fiscal Note FMD COVID-19, 6. 2020-0117 Fiscal Note HOUSING COVID-19, 7. 2020-0117 Fiscal Note OESJ COVID-19, 8. 2020-0117 Fiscal Note PH COVID-19, 9. 2020-0117 Simple Form Data Entry FMD CAPITAL COVID-19, 10. 2020-0017 Amendment 1, 11. 2020-0117 Amendment 1A, 12. 2020-0117 Amendment 2A, 13. 2020-0117 Amendment 3A.2, 14. 2020-0117 Amendment 4, 15. 2020-0117 Amendment S1, 16. 2020-0117 Amendment T5

title

AN ORDINANCE related to the COVID-19 virus; making a supplemental appropriation of $22,115,000 to several general fund agencies; making a supplemental appropriation of $12,230,000 to several non-general fund agencies; making a supplemental appropriation of $80,000 to capital improvement fund 3311; and making a supplemental appropriation of $14,935,000 to capital improvement fund 3951; amending the 2019-2020 Biennial Budget Ordinance, Ordinance 18835, Sections 20, 26, 26, 44, 45, 49, 85, 85, 95, 101, 108, 108, 109, 109, 116, 118, 118 and 126, as amended, and Attachment A, as amended; and declaring an emergency.

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                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings:

                     A.  Coronavirus disease 2019 ("COVID-19") is a novel coronavirus disease affecting King County residents.

                     B.  On March 1, 2020, in accordance with K.C.C. chapter 12.52, the executive issued a Proclamation of Emergency in response to COVID-19 to enable extraordinary measures to fight the outbreak, including waiving some state law and K.C.C. chapter 2.93 procurement requirements  and authorizing overtime for King County employees.

                     C.  Additional expenditure authority to continue the COVID-19 response is needed to provide vital services, including the purchase of an area motel and siting of modular units to be used to isolate patients in recovery as well as those in active treatment.  Other activities include, without limitation, staffing the isolation facilities, expanding shelter cleaning and continue communication and outreach efforts.

                     D.  On March 3, 2020, the council passed Motion 15610 affirming the executive's proclamation of emergency in response to COVID-19.

                     E.  Consistent with Motion XXXXX (Proposed Motion 2020-0116), which extends the due dates for reports, studies and other work products to be transmitted to the council to ensure executive agencies can prioritize responding to the COVID-19, the council is also committed to providing flexibility on deadlines for reports required by provisos to various appropriation ordinances.

                     SECTION 2.  Ordinance 18835, Section 20, as amended, is hereby amended as follows:

                     OFFICE OF EQUITY AND SOCIAL JUSTICE - From the general fund there is hereby appropriated to:

                     Office of equity and social justice                     $1,000,000

                     SECTION 3.  Ordinance 18835, Section 26, as amended, is hereby amended as follows:

                     HUMAN RESOURCES MANAGEMENT - From the general fund there is hereby disappropriated from:

                     Human resource management                     ($478,000)

                     SECTION 4.  The council directs that section 3 of this ordinance takes effect before section 5 of this ordinance.

                     SECTION 5.  Ordinance 18835, Section 26, as amended, is hereby amended as follows:

                     HUMAN RESOURCES MANAGEMENT - From the general fund there is hereby appropriated to:

                     Human resource management                     $478,000

                     ER1 EXPENDITURE RESTRICTION:

                     Of this appropriation, at least $652,000 shall be expended or encumbered solely for two positions dedicated to work with the department of adult and juvenile detention to support the department's recruitment and hiring of correctional officers.

                     ER2 EXPENDITURE RESTRICTION:

                     Of this appropriation, $478,000 shall be expended or encumbered solely for training to meet the requirements of K.C.C. chapter 3.12D. Any request for proposals shall not be limited to solutions that provide full customization.

                     P2 PROVIDED THAT:

                     Of this appropriation, $478,000 shall not be expended or encumbered until the executive transmits a training implementation plan and a motion that acknowledges receipt of the plan and the motion is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The plan shall include, but not be limited to, the following:

                     A.  How the training will meet the requirements of K.C.C. chapter 3.12D;

                     B.  A menu of course offerings that will include summary course descriptions, anticipated time commitments and recommendations on the frequency of training refresher;

                     C.  A template training plan or plans leveraging both eLearning pathways and instructor led courses;

                     D.  A training plan template that meets the needs of staff who lack access to electronic media;

                     E.  A training plan addressing the needs of employees in office environments, nonoffice settings, protective services, transit drivers and skilled trade type occupations; and

                     F.  A draft implementation timeline for all county employees.

                     The executive ((must)) should file the plan and a motion required by this proviso by April 30, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the committee of the whole, or its successor.

                     SECTION 6.  Ordinance 18835, Section 44, as amended, is hereby amended as follows:

                     GENERAL FUND TRANSFER TO DEPARTMENT OF COMMUNITY AND HUMAN SERVICES - From the general fund there is hereby appropriated to:

                     General fund transfer to department of community and human services                     $1,600,000

                     SECTION 7.  Ordinance 18835, Section 45, as amended, is hereby amended as follows:

                     GENERAL FUND TRANSFER TO DEPARTMENT OF EXECUTIVE SERVICES - From the general fund there is hereby appropriated to:

                     General fund transfer to department of executive services                     $4,500,000

                     SECTION 8.  Ordinance 18835, Section 49, as amended, is hereby amended as follows:

                     GENERAL FUND TRANSFER TO DEPARTMENT OF EXECUTIVE SERVICES CAPITAL IMPROVEMENT PROGRAM - From the general fund there is hereby appropriated to:

                     General fund transfer to department of executive services capital improvement program                     $15,015,000

                     P1 PROVIDED THAT:

                     Of this appropriation, $250,000 shall not be expended or encumbered until the executive transmits a plan related to the isolation, quarantine and recovery sites used by the county in response to the coronavirus disease 2019, known as COVID-19, and a motion that should acknowledge receipt of the plan and a motion that acknowledges receipt of the plan is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The plan shall include, but not be limited to:

                     A.  Plans for security surrounding the isolation, quarantine and recovery sites;

                     B.  Communication plans with the communities surrounding the isolation, quarantine and recovery sites; and

                     C.  Services to the residents that will be served by the isolation, quarantine and recovery sites including, but not limited to, transportation to and from their last location or home.

                     The executive shall transmit the plan and motion required by this proviso within seven days after the first person occupies any of the isolation, quarantine and recovery sites.  The executive shall transmit the plan and motion in the form of an electronic copy with the clerk of the council, who shall provide an electronic copy to all councilmembers, the council chief of staff and the chief policy officer.

                     SECTION 9.  Ordinance 18835, Section 85, as amended, is hereby amended as follows:

                     COMMUNITY SERVICES OPERATING - From the community services operating fund there is hereby disappropriated from:

                     Community services operating                     ($350,000)

                     SECTION 10.  The council directs that section 9 of this ordinance takes effect before section 11 of this ordinance.

                     SECTION 11.  Ordinance 18835, Section 85, as amended, is hereby amended as follows:

                     COMMUNITY SERVICES OPERATING - From the community services operating fund there is hereby appropriated to:

                     Community services operating                     $350,000

                     ER1 EXPENDITURE RESTRICTION:

                     Of this appropriation, (($315,000)) $350,000 shall be expended solely to contract with the following:

21 Acres Center for Local Food and Sustainable Living                     $4,000

23rd and Cherry Fellowship Hall                     $6,500

                     Allyship                     $5,000

Auburn Chamber of Commerce                     $3,500

Auburn Food Bank                     $2,000

Auburn Valley Humane Society                     $3,000

Auburn Noon Lions                     $1,000

Auburn School Foundation                     $1,500

                     Ballard Food Bank                     (($1,000)) $1,300

Ballard P-Patch                     $2,000

Ballard Senior Center                     $400

Bellevue School Foundation                     $1,500

Bitter Lake "North Helpline" Food Bank                     $300

Black Diamond Historical Society                     $2,000

                     Burien Actors Theatre                     $3,000

Businesses Ending Slavery and Trafficking                     $750

City of Bellevue                     $5,000

                     Community Service Employment Program/AARP Foundation                     $5,000

                     Council District 1 Organizations                     $9,000

                     Council District 2 Organizations                     $35,000

                     Council District 3 Organizations                     $23,000

                     Council District 4 Organizations                     (($4,250)) $250

                     Council District 5 Organizations                     $11,500

                     Council District 6 Organizations                     $12,755

                     Council District 7 Organizations                     $11,500

                     Council District 8 Organizations                     $10,000

                     Council District 9 Organizations                     $1,000

                     Crime Stoppers of Puget Sound                     $2,500

Covington Chamber of Commerce - Veteran Spouse Scholarship Program                     $500

Duwamish River Cleanup Coalition                     $5,000

Eastside Heritage Center                     $2,000

Enumclaw Historical Society                     $2,000

Enumclaw School Foundation                     $1,500

Eritrean Community Center                     $5,500

FamilyWorks Family Resource Center & Food Banks                     (($2,000)) $2,300

                     FareStart                     $15,000

Federal Way Boys and Girls Club                     $500

Federal Way Communities in Schools                     $1,000

Federal Way Kiwanis Club                     $1,000

Federal Way Lions Club                     $1,000

Federal Way Symphony                     $2,500

                     Finn Hill Neighborhood Alliance                     $5,000

Friends of Discovery Park                     $1,000

FUSION                     $5,000

                     Greater Seattle Business Association                     $10,000

                     Gourmet Grub                     $5,000

Greenwood Food Bank                     $300

Greenwood Senior Center                     $400

Historical Society of Federal Way                     $1,500

                     Homesight (Columbia City Beatwalk)                     $2,500

                     Hunger Intervention Program                     $5,000

                     Imagine Housing                     $1,246

Issaquah Food Bank - Mobile Food Pantry                     $1,000

Issaquah School Foundation                     $1,500

Kent Chamber of Commerce                     $3,000

                     Kent School District - Elementary School Field Trips                     $3,500

Kent School Foundation                     $1,500

Legacy of Equality, Leadership and Organizing (LELO)                     $5,000

                     Maple Valley Creative Arts Council                     $2,500

Maple Valley Food Bank                     $1,000

Maple Valley Historical Society                     $2,000

                     Multi-Communities                     $5,000

Multi-Service Center                     $1,500

                     New Story Community                     $9,999

                     Noel House                     $5,000

                     Northshore Senior Center                     $5,000

                     Para Los Niños                     $5,000

                     Pike ((Place)) Market Food Bank                     (($2,000)) $2,300

Pike Place Senior Center                     $400

                     Puget Sound Labor Agency, AFL-CIO (food bank use only)                     (($2,000)) $2,300

Queen Anne Food Bank at Sacred Heart                     $300

Queen Anne Helpline                     (($2,000)) $2,300

                     Rainier Foothills Wellness Foundation                     $1,000

Rainier Valley Corps                     $3,000

Renton Historical Society                     $2,000

Renton School Foundation                     $1,500

Runway to Freedom                     $5,000

                     Sandpoint Arts and Cultural Exchange                     $3,500

                     Savor Snoqualmie (a program within Mountains to Sound Greenway Trust)                      $5,000

                     Seattle Theatre Group Ailey Camp (South King County students)                     $4,000

Seattle Universal Math Museum                     $2,000

Skyway-West Hill 9430 Veterans of Foreign Wars                     $3,000

Snoqualmie Valley Winter Shelter                     $5,000

Tahoma School Foundation                     $1,500

Union Gospel Mission                     $2,000

Vashon Youth and Family Services                     $5,000

                     WA Business Week                     $5,000

Wallingford Senior Center                     $400

TOTAL                     $350,000

                     Selection of organizations by council districts shall be by future amendment of this section.

                     ER2 EXPENDITURE RESTRICTION:

                     Of this appropriation, $400,000 shall be expended or encumbered solely to contract with a King County nonprofit organization that pays bail for indigent individuals who would otherwise spend their pretrial time in jail, unnecessarily burdening the county with additional costs to incarcerate those individuals.

                     ER3 EXPENDITURE RESTRICTION:

                     Of this appropriation, $75,000 shall be expended or encumbered solely to support the King County Sexual Assault Resource Center for a technology project.

                     ER4 EXPENDITURE RESTRICTION:

                     Of this appropriation, $150,000 shall be expended or encumbered solely to support The Lighthouse for the Blind, Inc., for program expansion that would serve King County residents with visual impairment.

                     SECTION 12.  Ordinance 18835, Section 95, as amended, is hereby amended as follows:

                     PUBLIC HEALTH - From the public health fund there is hereby appropriated to:

                     Public health                     $6,130,000

                     SECTION 13.  Ordinance 18835, Section 101, as amended, is hereby amended as follows:

                     HOUSING AND COMMUNITY DEVELOPMENT - From the housing and community development fund there is hereby appropriated to:

                     Housing and community development                     $1,600,000

                     SECTION 14.  Ordinance 18835, Section 108, as amended, is hereby amended as follows:

                     WASTEWATER TREATMENT - From the water quality fund there is hereby disappropriated from:

                     Wastewater treatment                     ($250,000)

                     SECTION 15.  The council directs that section 14 of this ordinance takes effect before section 16 of this ordinance.

                     SECTION 16.  Ordinance 18835, Section 108, as amended, is hereby amended as follows:

                     WASTEWATER TREATMENT - From the water quality fund there is hereby appropriated to:

                     Wastewater treatment                     $250,000

                     ER1 EXPENDITURE RESTRICTION:

                     Of this appropriation, $55,000 shall be expended or encumbered solely to reimburse the department of human resources for the cost of assigning two Ruth Woo fellows, as described in K.C.C. 3.12.184, for three to four months to the wastewater treatment division.

                     ER2 EXPENDITURE RESTRICTION:

                     Of this appropriation, $400,000 shall be expended or encumbered solely to evaluate the presence of toxic elements in the effluent of treatment plants, as provided in Proviso P1 of this section.

                     ER3 EXPENDITURE RESTRICTION:

                     Of this appropriation, $2,435,849, shall be expended or encumbered solely for water quality improvement activities, programs or projects and only in the amounts and for the specific water quality improvement activities, programs or projects located within the King County wastewater treatment service area set forth by ordinance.  Of this amount, $133,500 shall be reserved for administrative costs associated with the program.

                     The ordinance or ordinances required by this expenditure restriction must be proposed by a King County councilmember.

                     ER4 EXPENDITURE RESTRICTION:

                     Of this appropriation, $80,000 shall be expended or encumbered solely to support the Thornton Creek Alliance noxious weed project, as a water quality improvement project provided for in Expenditure Restriction ER3 of this section.

                     P1 PROVIDED THAT:

                     Of this appropriation, $300,000 shall not be expended or encumbered until the executive transmits a status report on the progress of finalizing and transmitting an evaluation report on toxics in King County wastewater effluent, which shall include an evaluation of the presence of toxic elements in the effluent of treatment plants, and a motion that acknowledges receipt of the status report and a motion acknowledging receipt of the status report is passed by the councilThe motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The status report should inform the council on the timeline line of when the required elements of the evaluation report, as set forth in this proviso, are expected to be completed and confirmation that the final evaluation report will transmitted to the council by June 30, 2021. The status report shall also describe any challenges or impediments in completing the evaluation report by that date.

                     The evaluation report shall be based on testing of the undiluted effluent of treatment plants, and shall be compared with chemical elements being discharged as industrial wastes into the wastewater collection system.  The evaluation shall address and report on the presence, origin, volume, toxicity, environmental fate and impacts to the marine environment of toxics including metals, volatile organic compounds, chemicals of emerging concern and other toxics in the undiluted effluent of treatment plants.  While the evaluation shall be as broad as possible within costs, to the extent necessary to narrow the scope of the evaluation in light of the extensive range of potentially toxic elements, the focus shall be on:  (1) those elements considered most toxic to the marine environment generally; and (2) those elements considered potentially toxic to Southern Resident Killer Whales and the hierarchy of marine species upon which the Southern Resident Killer Whales depend.  The evaluation shall additionally assess whole effluent toxicity of the discharges, to assess the impact of the complex mix of toxic elements on marine species.  The assessment shall be designed to indicate whether undiluted wastewater effluent represents a potential source of deleterious toxic influence to Puget Sound marine organisms, and to Southern Resident Killer Whales and the hierarchy of marine species upon which they depend particularly.  The evaluation shall include an assessment of the accumulation of those toxic elements in marine organisms, either directly or through bioaccumulation, and shall discuss potential impacts on metabolic processes, behavior and mortality.  The assessment may be accomplished either through analysis of the tissue of selected species, or through bioaccumulation modeling.  The evaluation shall describe potential wastewater treatment technologies that have the capacity, in part or in whole, to limit or control the discharge of toxics in wastewater effluents to a significantly greater extent than is currently being accomplished at King County treatment plants.

                     The work to perform the evaluations required by this proviso and to prepare the evaluation report shall be contracted to an entity or entities with the expertise to address the required elements of the evaluation.  Preference shall be given to entities with a demonstrated history of evaluating and reporting on the impacts of wastewater effluents on the marine environment, including impacts on Southern Resident Killer Whales or their prey species, and that have the capacity for modeling the bioaccumulation of toxics.

                     The results of the evaluation shall be described in an evaluation report on toxics in King County wastewater effluent.  Within the limits of funding, the report shall describe the presence, origin, volume, toxicity, environmental fate and impacts to the marine environment of toxics evaluated, and shall discuss the identified or potential impacts of those toxics on marine species, particularly including the Southern Resident Killer Whales and the hierarchy of marine species upon which those killer whales depend. 

                     The executive should file the status report and a motion required by this proviso by December 31, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the regional water quality committee and the committee of the whole, or their successors.

                     P2 PROVIDED FURTHER THAT:

                     Of this appropriation, $250,000 shall not be expended or encumbered until the executive transmits a report on the Kenmore interceptor impacts to fish populations and a motion that acknowledges receipt of the report and the motion is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall include, but not be limited to:  (1) a discussion of the design and placement of Section 2 of  the Kenmore interceptor, with particular attention to the placement of the interceptor section and efforts to avoid the accumulation of silt and accommodate the movement of water fauna; (2) a characterization of the silt accumulation beneath and around the Interceptor in the intervening years since its construction; (3) an analysis of the impacts of the silt accumulation on water fauna, with particular attention to the ability of the fauna to freely access the lake environment on both sides of the interceptor, including any potential impacts on the migration of anadromous species; (4) an analysis of the interruption of natural upland soil distribution processes from area streams discharging into the lake in the area of the interceptor Section 2.  The report shall additionally address the impacts on the nearshore environment of effectively creating a barrier resulting in functionally separated lake areas.  The report shall discuss options to remedy identified impacts as well as associated costs, and recommend appropriate subsequent steps.

                     The executive ((must)) should file the report and motion required by this proviso by March 31, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the regional water quality committee and the committee of the whole, or their successors.

                     P3 PROVIDED FURTHER THAT:

                     Of this appropriation, $100,000 shall not be expended or encumbered until the executive transmits a report on the management of biosolids generated in the processing of wastewater at county facilities and a motion that acknowledges receipt of the report, and a motion acknowledging receipt is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The primary existing biosolids processing strategy utilized by the county emphasizes the land application of biosolids generated by the wastewater treatment process at county facilities ("biosolids") in forest and farm environments.  The report shall describe and evaluate alternative options for the use of those biosolids.  The report should also address alternative biosolids management approaches that may lead to an expansion or diversification of the markets for those biosolids.

                     The report shall include, but not be limited to:

                     A.  As an alternative option to be evaluated, the construction of a local biosolids facility that could generate by-products to include gas, electricity, Class A soil enhancer/amendment or for other productive uses;

                     B.  To compare the costs and benefits of the alternative options to the existing strategy a financial analysis comparing the alternative options to the existing strategy, including the transportation costs of the existing strategy;

                     C.  The size of the physical footprint needed for a biosolids facility sited locally, at which those biosolids could be further refined into marketable by-products, including gas, electricity and Class A soil enhancer or amendment;

                     D.  The volume of storage capacity required to store biosolids under the existing biosolids strategy and projected future storage capacity requirements.  To the extent that under the existing biosolids strategy involves storage, the study shall also describe:  (1) the volume of the storage; and (2) the proportion of total storage capacity that is being reached, described as peak storage levels over the past year;

                     E.  The mapped locations of current land application of biosolids; and

                     F.  A financial analysis of a strategy to transition all or a portion of the current production of biosolids to Class A biosolids, including discussion of the financial viability of the transition.

                     The executive should file the report and a motion required by this proviso by June 1, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the regional water quality committee and the committee of the whole, or their successors.

                     SECTION 17.  Ordinance 18835, Section 109, as amended, is hereby amended as follows:

                     TRANSIT - From the public transportation fund there is hereby disappropriated from:

                     Transit                     ($250,000)

                     SECTION 18.  The council directs that section 17 of this ordinance takes effect before section 16 of this ordinance.

                     SECTION 19.  Ordinance 18835, Section 109, as amended, is hereby amended as follows:

                     TRANSIT - From the public transportation fund there is hereby appropriated to:

                     Transit                     $250,000

                     ER1 EXPENDITURE RESTRICTION:

                     Of this appropriation, $55,000 shall be expended or encumbered solely to reimburse the department of human resources for the cost of assigning two Ruth Woo fellows, as described in K.C.C. 3.12.184, for three to four months to the Metro transit department.

                     ER2 EXPENDITURE RESTRICTION:

                     Of this appropriation, $200,000 shall be expended or encumbered solely to complete the Renton citywide transit access study required by Proviso P2 of this section.

                     ER3 EXPENDITURE RESTRICTION:

                     Of this appropriation, $10,000,000 shall be expended or encumbered solely to implement the council-approved income-based fare program required by Proviso P3 of this section.  The program shall begin no later than March 31, 2020.

                     ER4 EXPENDITURE RESTRICTION:

                     Of this appropriation, $900,000 shall be expended or encumbered solely for staff, consultants and other costs to develop an income-based fare program.

                     ER5 EXPENDITURE RESTRICTION:

                     Of this appropriation, revenues from transit parking facility user fees, estimated to be $2,890,000, shall be expended or encumbered solely to implement the council-approved Metro transit department parking facility user fee revenue expenditure plan described in Proviso P4 of this section.

                     ER6 EXPENDITURE RESTRICTION:

                     Of this appropriation, $1,770,880 may not be expended or encumbered unless Ordinance 18837 takes effect.

                     ER7 EXPENDITURE RESTRICTION:

                     Of this appropriation, revenues from parking fees may not be collected, expended or encumbered until the motion required by Proviso P5 of this section has been passed by the council.

                     ER8 EXPENDITURE RESTRICTION:

                     Of this appropriation, $200,000 shall be expended or encumbered solely to support a report on implementation of a Kenmore water taxi route required by section 107, Proviso P1, of this ordinance.

                     ER9 EXPENDITURE RESTRICTION:

                     Of this appropriation, $2,189,000 shall only be expended or encumbered to deliver 25,000 annual service hours in addition to the 176,575 net new fixed route service hours included in the executive's proposed 2019-2020 budget.  The new annual service hours must be consistent with the priorities in the 2018 or 2019 system evaluation report and must contribute to geographic value within the system.  Geographic value is a defined transit system design factor found at page 22 of the 2015 update to the King County Metro Strategic Plan for Public Transportation 2011-2021, which is Attachment A to Ordinance 18301.

                     ER10 EXPENDITURE RESTRICTION:

                     Of this appropriation, $200,000 shall be expended or encumbered solely to support a report on implementation of a Ballard-to-downtown-Seattle water taxi route required by Proviso P8 of this section.

                     P1 PROVIDED THAT:

                     Of this appropriation, $1,000,000 shall not be expended or encumbered until the executive transmits two Access paratransit service updates and a motion that should acknowledge receipt of each Access paratransit service update and reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion and a motion acknowledging receipt of each Access paratransit service update is passed by the council.

                     A.  In recognition of the importance of Access paratransit to the passengers it serves and to reflect the council's commitment to service excellence in Access paratransit operations, each Access paratransit service update should include, but not be limited to:

                       1.  The contractor's compliance with contract terms;

                       2.  Performance metrics and trends over each reporting period, including, but not limited to:

                         a.  on-time performance;

                         b.  pick-up window, including early pick-ups, late pick-ups and excessively late pick-ups;

                         c.  missed trips;

                         d.  drop-off window, including early drop-offs and late drop-offs;

                         e.  on-board time and excessively long trips; and

                         f.  will call;

                       3.  Areas of deficiency or improvement during each reporting period;

                       4.  Potential service improvements, including information about their budgetary requirements; and

                       5.  Potential service innovations, such as increased opportunities for same-day service using taxicabs or transportation network companies, including information about their budgetary requirements.

                     B.  The following Access paratransit service updates shall be transmitted to the council:

                       1.  A six-month oversight report by April 30, 2020; and

                       2.  An annual report by August 31, 2020.

                     The executive should file each Access paratransit service update and the motions required by this proviso in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility committee, or its successor.

                     P2 PROVIDED FURTHER THAT:

                     Of this appropriation, $1,000,000 shall not be expended or encumbered until the executive transmits a Renton citywide transit access study to the council.

                     The Renton citywide transit access study shall be carried out in close coordination with the city of Renton and shall include, but not be limited to:

                     A.  A review of the existing transportation and land use environment throughout the city of Renton, assessing existing travel demand and cataloging existing access to transit assets, and identifying high priority areas within the city to focus the work of the study.  The review should acknowledge existing and projected investment in the northern area of the city known as The Landing and the city's restructure of downtown infrastructure to create a  business, transit and pedestrian-friendly area;

                     B.  Development of the Access Vision and Goals, which shall include a vision of future fixed route service, including Lake Washington/Southport water taxi service, and goals for customer access to transit.  This should include consideration of already identified future transit; specifically, the two planned RapidRide lines, the colocated Sound Transit BRT and Metro transit department service at Rainier and Grady, facilities and access improvements at I-405 and 44th to address planned bus service and transit-oriented development redevelopment of the Vulcan "Pan Adobe" site, and examination of service expansion during off-peak times and weekends in the Sunset/Highlands Area.  Using those goals, evaluation criteria to measure potential access investments shall be developed;

                     C.  An analysis that identifies gaps in access between existing conditions and the vision;

                     D.  Identification of potential operating investments and capital projects that can improve access, which shall include high level cost estimates for those investments;

                     E.  Evaluation of each project against the evaluation criteria identified in subsection B. of this proviso; and

                     F.  Development of an implementation plan for the projects identified in subsection D. of this proviso.  For each project, the implementation plan should include timing, roles, partners and potential funding.

                     The executive should file the study required by this proviso by October 1, 2019, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers.

                     P3 PROVIDED FURTHER THAT:

                     Of this appropriation, $1,000,000 shall not be expended or encumbered until the executive transmits an income-based fare program implementation plan and a motion that should approve the income-based fare program implementation plan, and the motion is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     A.  The income-based fare program implementation plan shall be informed by:

                       1.  Input from an income-based fare stakeholder group convened by the Metro transit department and that includes participants from populations that experience low income, to include but not limited be to: representatives from communities of color, immigrants and refugees and limited-English-speaking populations; youth; students attending postsecondary educational institutions and in job training and apprenticeship programs; affordable-housing residents; low-income King County employees; and representatives from human service providers.  The Metro transit department shall solicit from the councilmembers and the executive suggestions of possible participants for the stakeholder group.  The stakeholder group should provide input on: barriers to accessing transit for low-income individuals; program alignment with the Metro transit department's policy objectives; pricing; eligibility; verification and other business processes; funding and partnership opportunities; and program evaluation. The stakeholder group should consider and evaluate providing no or very low cost access to transit for residents earning one hundred thirty-eight percent of the federal poverty level or less;

                       2.  Guidance from academic or private sector experts in designing and evaluating programs to improve access to economic opportunities for low-income individuals;

                       3.  Data and market research on the transportation needs and access barriers of low-income populations in the Metro transit department's service area; and

                       4.  King County's Equity and Social Justice Strategic Plan.

                     B.  The income-based fare program implementation plan shall include:

                       1.  A description of an income-based fare program, including, but not limited to:

                         a.  individuals who would be served by the program, including income eligibility and demographics;

                         b.  how the program would be designed, including fare media to be used and income-verification methods;

                         c.  estimated program costs and proposed funding sources and potential partners, including a discussion of tradeoffs between using resources for such a program compared to other purposes such as transit service hours.  Proposed funding of the program shall adhere to the Metro transit department's fund management policies, including maintaining a farebox recovery minimum of twenty-five percent;

                         d.  potential policy changes that would be needed to implement an income-based fare program;

                         e.  how the program would be marketed to eligible populations, including enrollment goals and regular performance reporting.  Enrollment shall be as low-barrier as possible in terms of proof of qualifications and ability to enroll;

                         f.  how the Metro transit department will partner or seek partners to market the program, enroll eligible populations, and whether there should be program cost sharing.  The program should be coordinated with human service provider agencies in order to streamline participants' access to a range of income-based services; and

                         g.  how this broad income-based program is proposed to interface with existing fare programs such as ORCA LIFT, the human services ticket program and the passport and business choice account programs;

                       2.  A description of how the program will be evaluated, including collecting data on rider demographics and travel needs, and will develop performance goals and reporting; and

                       3.  A discussion of whether or how the income-based fare program will be integrated with the ORCA system, including the financial, policy or technological barriers to implementing an income-based fare program within the ORCA system and the potential for future enhancements to an income-based fare program with implementation of Next Generation ORCA.

                     The executive should provide an oral briefing to the mobility committee, or its successor, on the progress of developing the program by June 30, 2019, and should file the income-based fare program implementation plan and a motion required by this proviso by December 18, 2019, along with any necessary legislation to implement the program by March 31, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility committee, or its successor.

                     P4 PROVIDED FURTHER THAT:

                     No moneys restricted by Expenditure Restriction ER5 of this section shall be expended or encumbered until the executive transmits a Metro transit department parking facility user fee revenue expenditure plan and a motion that should approve the expenditure plan and reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion, and a motion approving the expenditure plan is passed by the council.

                     The expenditure plan shall include, but not be limited to:  the costs to implement the transit parking facility user fee program to be implemented in accordance with Ordinance 18837, including costs and forgone revenues related to implementation of the user fee program.  The expenditure plan shall also include a description of any proposed use of the user fee to increase access to the Metro transit department's park-and-ride facilities or to expand the Metro transit department's network of park-and-ride facilities, or the application of innovative technology and management practices to the network.

                     The executive should file the expenditure plan and a motion required by this proviso in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility committee, or its successor.

                     P5 PROVIDED FURTHER THAT:

                     No moneys restricted by Expenditure Restriction ER7 of this section shall be collected, expended or encumbered until the executive transmits a parking fee program plan and a motion that should approve the plan and reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion and a motion approving a plan is passed by the council.

                     The parking fee program plan shall include, but not be limited to:

                     A.  A report on a rulemaking procedure carried out under the authority of K.C.C. chapter 2.98, including a description of the public outreach process detailing outreach and public meetings conducted in the affected communities listed in this subsection A.  The report should also address the specific ways in which the outreach process complies with the goals of the King County Equity and Social Justice Strategic Plan.  The report should also describe  how the rules promulgated by the department improve access to transit parking for populations that experience low income, including communities of color, immigrants and refugees, limited-English-speaking populations, transit-dependent populations, individuals who work nontraditional schedules or during off-peak travel periods and other transit riders;

                     B.  An implementation plan for the parking fee program, which shall include, but not be limited to:  a timeline, criteria for determining which parking facilities may participate in the plan; estimates of costs and fee revenues; and public notification and communication plans;

                     C.  A performance measurement plan that describes the performance measures used to evaluate parking fee program success or failure, its costs and benefits, and its goals, which include:  encouraging use of transit; spreading peak-of-the-peak demand for transit; increasing ridership in the region; improving access to transit parking for low-income populations as described in section A of this proviso; increasing carpooling; and covering program costs; and

                     D.  A report on the department's proposed expenditures supported by parking fee program revenues.

                     The executive should file the plan and a motion required by this proviso in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility committee, or its successor.

                     P6 PROVIDED FURTHER THAT:

                     Of this appropriation, $500,000 shall not be expended or encumbered until the executive transmits two reports on the parking facilities user fee rules set in accordance with Ordinance 18837, Section 1.B.  It is anticipated that the department will utilize permits as part of the parking facilities user fee structure rule it is authorized to establish under Ordinance 18837.  The first report should be due December 31, 2019, and the second report should be due June 30, 2020.  Upon transmittal of each report, $250,000 shall be released for expenditure or encumbrance.

                     Each report shall include, but not be limited to, data on the number of single-occupancy vehicle permits, single-occupancy vehicle ORCA Lift cardholder permits and high-occupancy vehicle permits issued for each parking facility, permit usage, revenue and how the parking facility user fee program contributes to achieving the department's parking management goals, which include:  encouraging use of transit; spreading peak-of-the-peak demand for transit; increasing ridership in the region; improving access to transit parking for low-income populations, communities of color, immigrants and refugees, limited-English-speaking populations, transit-dependent populations, individuals who work nontraditional schedules or during off-peak travel periods and other transit riders; increasing carpooling; and covering program costs.

                     Each report shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers.

                     P7 PROVIDED FURTHER THAT:

                     Of this appropriation, $1,000,000 shall not be expended or encumbered until the executive transmits an implementation plan for expanding the number of locations where individuals who qualify for regional reduced fare permit ORCA cards and youth ORCA cards ("reduced fare ORCA cards") can apply for and receive those cards and a motion approving the implementation plan, and a motion approving the implementation plan is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     A.  The implementation plan shall be informed by:

                       1.  Engagement with:  (a) populations that would be eligible for a reduced fare ORCA card, such as youths ages six through eighteen, seniors ages sixty-five and over, and individuals with disabilities; and (b) parents of youth, schools, other stakeholders and members of the public.  The engagement process should solicit input on what are the barriers to immediately accessing the existing reduced fare ORCA cards and suggestions for more accessible and convenient procurement locations and enrollment processes for these ORCA cards.  The engagement may be carried out in conjunction with other Metro transit department fares outreach and engagement efforts; and

                       2.  King County's Equity and Social Justice Strategic Plan.

                     B.  The reduced fare ORCA card procurement location implementation plan shall include, but not be limited to:

                       1.  A description of the types of reduced fare ORCA card procurement locations considered including but not limited to libraries, schools, retail locations and buildings where government services are provided such as city halls, evaluation criteria used to assess them, and how flexible delivery through the ORCA To-Go program integrates with the plan;

                       2.   Estimated new and existing costs, FTE and contracting needs and proposed funding sources, including fare revenue impacts, to implement the plan;

                       3.  Potential policy changes that would be needed to implement an expansion of reduced fare ORCA card procurement locations, including policy changes that provide for expanded locations for immediate issuance both of ORCA cards that require photographs and those that do not;

                       4.  A summary of engagement efforts and stakeholder input required by subsection A.1. of this proviso;

                       5.  How the expansion of reduced fare ORCA card procurement locations would be marketed to eligible populations;

                       6.  How the Metro transit department would partner or seek partners to serve as reduced fare ORCA card procurement locations;

                       7.  A description of populations anticipated to be served at each reduced fare ORCA card procurement location;

                       8.  A map of the potential and proposed reduced fare ORCA card procurement locations; and

                       9.  A schedule for opening the new reduced fare ORCA card procurement locations as early as 2020.

                     The executive should file the reduced fare ORCA card procurement location implementation plan and a motion required by this proviso by March 31, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility and environment committee, or its successor.

                     P8 PROVIDED FURTHER THAT:

                     Of this appropriation, $200,000 shall not be expended or encumbered until the executive transmits a report on implementation of a Ballard-to-downtown-Seattle water taxi route and a motion that should acknowledge receipt of the report and reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion and a motion acknowledging receipt of the report on implementation of a Ballard-to-downtown-Seattle water taxi route is passed by the council.

                     The report on implementation of a Ballard-to-downtown-Seattle water taxi route shall include, but not be limited to:

                     A.  An update on the assessment of facilities, ridership projections, and capital and operating cost estimates provided in the 2015 ferry expansion options report;

                     B.  A discussion of planning efforts underway or needed to implement the route;

                     C.  An environmental impact analysis;

                     D.  A summary of coordination with local agencies, including potential lease arrangements for facilities;

                     E.  A discussion of options for funding implementation of the route including identifying grant opportunities;

                     F.  A summary of public outreach undertaken; and

                     G.  A description of next steps for moving forward.

                     The executive should file the report on implementation of a Ballard-to-downtown-Seattle water taxi route and a motion required by this proviso by December 31, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility committee, or its successor.

                     P9 PROVIDED FURTHER THAT:

                     Of this appropriation, $250,000 shall not be expended or encumbered until the executive transmits a zero emission battery bus preliminary implementation plan as required by Ordinance 19052, Section 4.C., and a motion that acknowledges receipt of the plan, and a motion that acknowledges receipt of the plan is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     ((The implementation plan shall include, but not be limited to:

                     A.  Identification of major milestones through the 2021-2022 biennium related to planning, testing, procurement, and deployment of battery buses and the installation of charging infrastructure;

                     B.  A preliminary fleet procurement plan by type of bus through 2040;

                     C.  A high-level schedule through 2040 for the anticipated installation of charging infrastructure at new, existing and interim bases as well as in-route charging;

                     D.  A summary of the results of any studies or evaluations related to zero emission battery bus implementation completed after December 1, 2019, and a summary of the scope of any on-going studies or evaluations;

                     E.  Updated cost projections comparing the cost of a zero emission fleet and continuing Metro transit department's current fleet practice; and

                     F.  A preliminary high-level financing plan for transition to zero emission bus fleet by 2040 that evaluates financing options.))

                     The executive ((must)) should file the plan and the motion required by this proviso by September 14, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility and environment committee or its successor.

                     P10 PROVIDED FURTHER THAT:

                     Of this appropriation, $250,000 shall not be expended or encumbered until the executive transmits a report on options for providing ORCA cards issued by the passport and business choice account program ("ORCA business passport cards") to social workers, construction workers, and Metro transit security workers that are employed by entities that contract with King County and a motion that acknowledges receipt of the report and a motion that acknowledges receipt of an report is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section, and proviso number in both the title and body of the motion.

                     A.  The report shall include, but not be limited to:

                       1.  An analysis of the feasibility of providing ORCA business passport cards to social workers, construction workers, and Metro transit security workers that are employed by entities that contract with King County, including but not limited to estimated costs, fare impacts, and proposed funding sources;

                       2.  Mechanisms for providing the ORCA business passport cards, including but not limited to the criteria by which entities that contract with King County can qualify for the ORCA business passport cards, ways in which those entities can apply for the ORCA business passport cards, and the manner in which those entities who qualify can acquire the ORCA business passport cards; and

                       3.  Potential policy changes that would be needed to implement the provision of ORCA business passport cards to social workers, construction workers, and Metro transit security workers that are employed by entities that contract with King County.

                     B.  The report shall be developed in collaboration with the Metro transit department, finance and business operation division, department of community and human services and any other county agencies that may be necessary to develop this report.

                     The executive should file the report and a motion required by this proviso by June 1, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the mobility and environment committee, or its successor.

                     SECTION 20.  Ordinance 18835, Section 116, as amended, is hereby amended as follows:

                     FACILITIES MANAGEMENT INTERNAL SERVICE - From the facilities management - internal service fund there is hereby appropriated to:

                     Facilities management internal service                     $4,500,000

                     SECTION 21.  Ordinance 18835, Section 118, as amended, is hereby amended as follows:

                     KING COUNTY INFORMATION TECHNOLOGY SERVICES - From the KCIT services fund there is hereby disappropriated from:

                     King County information technology services                     ($500,000)

                     SECTION 22.  The council directs that section 21 of this ordinance takes effect before section 23 of this ordinance.

                     SECTION 23.  Ordinance 18835, Section 118, as amended, is hereby amended as follows:

                     KING COUNTY INFORMATION TECHNOLOGY SERVICES - From the KCIT services fund there is hereby appropriated to:

                     King County information technology services                     $500,000

                     ER1 EXPENDITURE RESTRICTION:

                     Of this appropriation, $75,000 shall be expended or encumbered solely to support the pretrial reform workgroup established in Section 19, Proviso P5, of this ordinance in accordance with this ER 1.  The moneys shall only be used:  (1)  to support the workgroup to use KCIT's data infrastructure platform to link and aggregate available King County criminal justice data in a form acceptable to the workgroup  to be used in developing its findings about the pretrial population; and (2) for any additional costs required to obtain, analyze and aggregate data from the data systems of those agencies participating in the pretrial reform workgroup and for improving the capacity for data integration across King County criminal justice agencies.

                     P1 PROVIDED THAT:

                     Of this appropriation, $500,000 shall not be expended or encumbered until the executive transmits a report on options to increase broadband Internet access in unserved or underserved areas of the county and a motion that acknowledges receipt of the report and the motion is passed by the council.  The motion should reference the subject matter, the proviso's ordinance, ordinance section and proviso number in both the title and body of the motion.

                     The report shall include, but not be limited to:

                     A.  Definitions for "unserved" and "underserved" in terms of broadband Internet access.  Affordability, the number of service providers providing broadband Internet service and the quality of service offered shall be considered in the development of the definitions;

                     B.  A description of the geographic areas in King County that are unserved or underserved according to the definitions developed in the report and any known barriers faced by the private sector in providing service in those areas;

                     C.  A description of existing and planned efforts by the department of information technology related to expanding access to broadband service at the household level and community level in unserved or underserved areas;

                     D.  An evaluation of options for the county to expand broadband access at the household level and community level in unserved and underserved areas that includes a discussion of the potential costs to the county and estimated impact, as well as advantages and disadvantages related to each option.  The review shall consider, but not be limited to:

                       1.  Options available with the county's institutional network, noting any existing limitations and also including the timeline for the institutional network lease renewal;

                       2.  Options available with the community connectivity consortium, noting any existing limitations; and

                       3.  Emerging technologies such as 5G wireless home service.

                     The executive ((must)) should file the report and motion required by this proviso by January 31, 2020, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff for the government accountability and oversight committee, or its successor.

                     SECTION 24.  Ordinance 18835, Section 126, as amended, is hereby amended as follows:

                     From the several capital improvement project funds there are hereby appropriated and authorized to be disbursed the following amounts for the specific projects identified in Attachment A to this ordinance (Proposed Ordinance 2020-0117).

Fund                     Fund Name                     2019-2020

3310                     LONG TERM LEASES                     $80,000

3951                     BUILDING REPAIR AND REPLACEMENT SUBFUND                     $14,935,000

                     SECTION 25.  Attachment A to this ordinance hereby amends Attachment A to Ordinance 18835, as amended, by adding thereto and inserting therein the projects listed in Attachment A to this ordinance.

                     SECTION 26.  The council finds as a fact and declares that an emergency exists and that the enactment of this ordinance as an emergency ordinance is necessary for the

immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions.